Royal Oak settles lawsuit for $110K with Warren woman who broke her wrist as she left Arts, Beats & Eats

By CATHERINE KAVANAUGH

Friday, January 11, 2013

ROYAL OAK -- The city of Royal Oak has settled a lawsuit with a Warren woman who fell and broke her wrist as she left Arts, Beats & Eats for $110,000.

Kathleen Campbell fell on the sidewalk on the north side of Lincoln Avenue by Main Street in September 2010. Then 64, she fractured her right wrist and underwent two surgeries.

In a lawsuit filed about 14 months later in Oakland County Circuit Court, Campbell alleged the city was negligent in failing to maintain the public sidewalk in reasonable repair. Her husband, Thomas Campbell, also was a plaintiff in the case.

Campbell was "carefully walking" when she fell because of broken, missing cement that resulted in a large hole, according to the lawsuit.

In addition to breaking her wrist, Campbell suffered head and face injuries, medical expenses and loss of wages, the lawsuit says. In a second count, her husband sought damages for a loss of consortium, which is defined as the right of a spouse to company and affection.

The couple demanded $195,000. However, a case evaluation panel recommended an award of $110,000 after reviewing depositions by the woman, her husband, and two people who were with them.

In the settlement, the city denied any wrongdoing, breach of duty or culpability with a "wish to avoid trial and the resulting uncertainty" of further legal expense. The plaintiff and her husband, Thomas Campbell, also released the city and its insurer of future claims and liabilities.

The $110,000 settlement is taxable and includes a $33,000 Medicare lien the plaintiff must pay. The out-of-court settlement was reached Dec. 5 and approved by the City Commission on Jan. 5.

The city's insurer, the Michigan Municipal Risk Management Authority, will pay the settlement through Royal Oak's funds on reserve. Royal Oak essentially has a $250,000 deductible on claims with the self-insurance pool that has 300 government members.